All News articles – Page 1525
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News
High Society
Later this month the erstwhile chief executive of the Bar Council, David Hobart, takes up his new role as chief executive of the City of London Law Society. The Society may not have realised that it is gaining not only a former bar bigwig, and ...
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Legal grounds for intervention in Libya?
In the midst of rapid developments at the diplomatic and military level concerning the Gaddafi regime, it is important to remember that Libya is no stranger to UN sanctions or bombing by NATO member state warplanes. On 15 April 1986, in purported retaliation for alleged ...
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Moral high ground?
In 2011, it is frankly crazy for Andrea Minichiello Williams to be making statements such as ‘without Christianity, there can be no morality’ and ‘law cannot be divorced from Christianity’. Furthermore, it is offensive to suggest that secularism is a variant of fascism, as Ms ...
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It's a frame up
Many law firms like to make a show of putting a nice piece of art on the wall, in an attempt to look highbrow. But it’s fair to say Sussex firm Burt Brill & Cardens has paid more than lip service to the local arts ...
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Financial regulation
Financial Services Authority - Payment protection insurance - Financial Ombudsman R (on the application of British Bankers Association) (Claimant) v (1) Financial Services Authority (2) Financial Ombudsman Service (Defendants) and Nemo Personal Finance Ltd (Interested Party): QBD (Admin) (Mr ...
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Police officers give evidence via video link pilot scheme
Police officers are giving evidence to court via a live video link from the police station, under a scheme being piloted by the Ministry of Justice. The scheme is currently being tested between South Norwood Police Station in London and Croydon Magistrates’ Court, and will ...
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Presumption of death; intestacy and polygamous marriages
There have been some rather unusual recent cases that invite comment. In Bayes-Walker and another v Bayes-Walker and others [2010] EWHC 3142 (Ch) the High Court made a declaration that a missing RAF sergeant was to be presumed dead for the purposes of rights to a ...
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Will Darts miss target?
Traditionalist Obiter was saddened to learn this week that court stenographers are to be the latest victim of advances in technology. The Ministry of Justice has revealed that stenographers will be phased out in courts next year in favour of a new system known as ...
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Law firms in the dark over Quinn PII payments
Law firms that took out professional indemnity insurance (PII) policies with stricken Irish company Quinn Insurance are still in the dark about when claims will be paid.
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Giving greater influence to victims could prove dangerous for justice
Of all the various parties involved in the criminal justice system, ‘the victim’ has always had a pretty raw deal. Not only was he or she unfortunate enough to have a crime committed against them in the first place, but they then become entangled in ...
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Correction
Our News Focus of 7 April contained the statement: ‘Unlike Jackson, Kenneth Clarke does use figures.’ We are happy to make clear that Lord Justice Jackson’s report included extensive figures in support of its recommendations. We apologise if this sentence ...
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Law firms set to reclaim Legal Services Commission family fees
Law firms may seek to claim back ‘substantial’ sums from the Legal Services Commission following a clarification of its rules governing family fees, solicitors suggested this week. In private law cases involving a ‘significant family dispute’, the LSC’s unified contract with providers requires firms to carry ...
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Reform plans from coalition on resolving workplace disputes are flawed
by Stephen Levinson, solicitor and partner at RadcliffesLeBrasseur, and a member of ELA’s legislative and policy committee The Employment Lawyers Association (ELA) has responded robustly to government proposals to change the way disputes in the workplace are resolved.
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Domestic violence courts to close
More than one in six specialist domestic violence courts are set to close as part of the government’s nationwide court closures plan, it has emerged. Shadow justice minister Andy Slaughter has tabled a series of parliamentary questions to justice secretary Kenneth Clarke on the impact of ...
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Persecution claims are undermined by religious privileges
I’ve known for a while that my BBC licence fee is used for religious proselytising in the shape of ‘Thought for the day’, and now I fear my practising certificate fee awaits a similar fate (Andrea Minichiello Williams, ‘Equality law is victimising Christians’). Ms Williams believes ...
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Will ruling opens way for family claims
Family members who are snubbed in a relative’s will in favour of charities could find it easier to lay claim to the estate following a recent judgment. The Court of Appeal ruled last month that Heather Ilott could request a larger share of her mother Melita ...
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From crooks to books
Obiter was intrigued to read in the Guardian’s education section last week that those who have had a brush with the law are often inspired to go on and study the subject during their stay at Her Majesty’s pleasure. Apparently an increasing number of prisoners ...
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Cuts to court reporters are bad news for justice
Here’s a spot of philosophy to keep you going during this tortuous four-day week: if a judge speaks but there’s nobody in his courtroom, does he still make a sound? I ask because there are an awful lot of courtrooms now where the press bench is ...
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Is it possible, or moral, to safeguard the rule of law while applying it selectively?
The killing of Bin Laden was a cathartic experience for the US, and brought a degree of welcome closure to those bereaved on 9/11. In the US especially, it was an occasion more for celebration than reflection. In the aftermath, however, ...
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Barristers' chambers will be 'attractive alternative' for litigation
Barristers’ chambers will become an ‘attractive alternative’ to law firms for litigation work, a leading industry commentator suggested this week, after the bar’s regulator decided to remove its ban on barristers conducting litigation. The move will permit barristers to offer a ‘one-stop shop’ service, including both ...